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I am from Philippines.
I have worked in Moscow before with a working visa for 3 years and it is still good until August 2017.

My story is I went to Italy with my employer because I moved there for work. We made the paper and I received just a tourist visa for 3 months (90 days) but when we arrived there we try to do all for make more time in my visa for stay but we lose time because some people say "don't worry we will do for you" until the day of expiration and then did nothing.

Now I am illegal there and I really want to make legal my paper because my employer can move again country (he try all for make my paper but he is not Italian either).

I think I don't have solution to wait for the news amnesty but I don't know when.

My last solution is to go back to Moscow because I have some contact in the embassy and they can make for me a new Schengen but they told me that if I use airplane it's 99% sure that I will be banned and fined.

My questions is if I use train and I have a ticket, will they ask to see my Italian visa ? Or if they normally just ask for the ticket and sometimes the passport to see the same name ? Because after when I will arrive in Russia I will have my paper legal, and also if they ask me where did you go I will say Moscow I think they will check the most important the visa for Russia.

I have a 3 choices of way by train if you can help me for some country more easy :

choice 1 : Italy, Liechtenstein, Germany, Poland, Belarus, Russia

choice 2: Same just I need to use a postbus in Germany in Bayreuth-Berlin

choice 3: Italy, Austria, Czech Republic, Poland, Belarus, Russia

  • Are you asking for an itinerary out of Italy or are you asking if you can travel back to Russia without a problem ? – blackbird Aug 22 '16 at 13:22
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    You are in breach of a Schengen. Do you seriously think an EU amnesty is going to help you? Anyway... use the land border out of Poland, it will still flag up in the Schengen database anyway but honestly... If you are in breach, just suck it up and get on with it. – Gayot Fow Aug 22 '16 at 13:26
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    I’m pretty sure you being in breach of Schengen will show up at any border crossing regardless, but the trains to Moscow may be a place where they care least … Also, I’m confused by ‘Italy–Liechtenstein–Germany’. Liechtenstein does not have borders with either. – Jan Aug 22 '16 at 13:43
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    If you got a short-stay visa and you didn't also get a work permit, you were probably already illegal in Schengen (depending on exactly what work you do). – CMaster Aug 22 '16 at 14:06
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    Are you a domestic worker / au pair? If so there might be more to this. – Burhan Khalid Aug 22 '16 at 16:41
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Actually, there is no guarantee you will be banned or even fined... but no guarantees you will be back any time soon even if you aren't. Your visa, if it is still valid, should in any case be revoked on the spot when exiting the Schengen area (and this would be recorded in a database).

The way this works is that sanctions for overstaying are not defined in EU law but in national law and therefore depend on the country through which you are exiting (or where you are found overstaying). In most places, you would indeed be liable for a fine but Schengen countries differ a lot in the number of bans they impose (I don't have recent data and would not want to advise going through a specific country but statistics show this clearly). Some countries only impose bans to people found guilty of a crime but not for mere immigration violations (others very much do).

But once you are out, it will be very difficult to obtain another Schengen visa and reenter the Schengen area with an history of overstay even if you haven't been formally banned. Consular agents will see that you have stayed for a number of months before and/or had your visa revoked (from the stamps in your passport but also possibly from some databases). They will be concerned that you are going to do that again and you will need to have a very strong application and a convincing account of what happened to overcome that (staying many months for tourism or some such isn't very credible and if you haven't got a proper permit, admitting you were there to work will only make matters even worse).

The person who promised you they could "arrange" a new visa under these circumstances is either lying to you or badly breaking the rules (if he or she is actually a consular officer).

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    @pnuts As Relaxed wrote, the exact penalty is set (or even waived) by the state, in which the violation is recognized. I don't have any data to compare with, but to reduce or avoid an immediate fine, it would in this situation be wise to leave the Schengen area at a border crossing with lax exit controls. – Tor-Einar Jarnbjo Aug 22 '16 at 17:32
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    @pnuts: All three proposed itineraries appear to exit the Schengen area through the Poland-Belarus external border, so there seems to be no meaningful difference for the OPs purposes. – Henning Makholm Aug 22 '16 at 19:45

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